Using the “HLP Online” platform requires the registration as user which is free of charge. Claims for registration are prohibited. All data asked for during registration have to be complete and correct. The user is committed to submit all changes of provided data after registration at once. In this respect, the user declares and assures that the data forwarded to the FN is correct and complete.

The users have no right on a constant availability of the website offer “HLP Online”. Temporary restrictions may be due to technical problems like interruption in power supply, hard and software problems etc. The FN reserves the right to temporarily suspend this service provided it becomes necessary in regards to capacity limits, to maintain the safety and integrity of the server or to carry out technical measures to improve or to properly support this service.

Only people who are registered as user under the status “applicant” can enter a stallion. A written request with the FN is necessary to obtain the status “applicant”. Underaged require the consent of their legal representatives. When entering a stallion for the stallion performance test, the applicant has to indicate for which breed society he wants his stallion to be tested for. The applicant has to be a member of the indicated breed society. When forwarding a registration for the stallion performance test, the applicant is subject to following the HLP Rules published under www.hengstleistungspruefung.de.

The security of data transmission between the users is ensured by the SSL-technique (Secure Sockets Layer).

Individual applicants who did not follow their payment obligations may be disallowed to use this service. Entering data with “HLP Online” is not a legally binding declaration of intent of the applicant with the FN as long as the applicant does not submit this registration. The applicant is entitled to withdraw his declaration of intent until the first deadline.

The FN accepts the offer (the registration) of the applicant if it is correct in the sense of the admission requirements and unless the applicant agrees to accept the HLP Rules and the general terms and conditions. The simple confirmation of receipt of the registration with the FN does not explicitly imply its declaration of intent. The FN only accepts the registration by sending a corresponding confirmation after the deadline resp. the FN is entitled to refuse the registration if the minimum number of registrations for the corresponding testing round has not been reached. Thus no contract will be concluded between the FN and the applicant if the registration changes into the status “refused”; the FN will inform the applicant by email.

b) A separate contract will be concluded between the applicant and the corresponding testing station after the test has been released for additional costs such as boarding, riding, vet care, farrier etc. The applicant agrees to pay all incurring costs as per this contract after the invoice has been issued by the testing station.

With the release of the registration by the applicant and the acceptance of the registration by the FN, the applicant accepts the HLP-Rules.

§ 3Revocation

The applicant is entitled to withdraw his declaration within two weeks without giving reason in writing (for example letter, fax, email). This deadline begins with the receipt of the notification that is shown before the registration is submitted. The revocation has to be forwarded to the FN (Freiherr-von-Langen-Str. 13, 48231 Warendorf, telefax ++49 (0) 2581/6362-105, email hlp@fn-dokr.de).

The right of revocation shall expire prematurely if the FN and/or the corresponding testing station has started to execute the service with the expressive consent of the applicant before expiry of the deadline or if the applicant has asked for this. The service will start with the installation of the infrastructure for the corresponding stallion performance test, based on the release of the registration and the reserved testing places.

§ 4Service reservation

In case a stallion testing round is completely cancelled, the FN shall refund already paid fees (administration, testing and – where applicable – late entry fees) to the applicant.

§ 5Payment

In releasing the registration, the applicant agrees to pay the registration fees resulting out of the registration (administration, testing and – where applicable – late entry fees). The payment will be effected by means of a debit entry from the bank account submitted by the applicant.

Provided the applicant fails to submit a bank account, it is not possible to surrender the registration. The FN reserves the right to refuse a registration provided there are justified concerns in individual cases on the solvency of the applicant. Reasons will be justified if the named applicant has outstanding invoices with the FN, the chosen testing station, other testing stations or the associated breeders’ associations.

The testing stations are entitled to request the FN to surrender applicant-, user- or invoice-related inventory data (for example the address of the applicant) to follow-up own claims. These data will be surrendered to the testing stations. We expressively refer to § 3 of the Terms and Conditions and to the data privacy statement.

C. FINAL PROVISIONS§ 6

Hyperlinks

The FN dissociates from any responsibility for the availability and the content of the provided hyperlinks.

§ 7Data privacy statement

acc. to §4 Tele Services Data Protection Act (TDDSG)

The data privacy statement features information about the elicitation, processing and use of person-related data. This information can be recalled before each registration. The FN points out that according to § 33 BDSG (Federal Data Protection Act), person-related data are requested, processed and used for the purpose of executing the order.

The FN explicitly informs the applicant that – according to the state of the art – the data protection cannot completely guarantee a safe transfer of data in open networks like the Internet. The applicant knows that for technical reasons, the provider may access the stored website offer and possibly also other stored data of the applicant any time. Other Internet users may possibly also be able to unauthorisedly interfere the network safety and control the exchange of messages. The applicant himself shall be fully responsible for the safety of the data he has transmitted on the Internet and that are stored on webservers.

The applicant explicitly agrees that his person-related data and the data of the horse are allowed to be forwarded to the corresponding testing station to issue contracts for boarding, riding etc.

The FN is committed not to forward person-related data, user data or inventory data, collected during the registration procedure, to third parties. The right of the FN to publish the results acc. to § 8 of the terms and conditions and acc. to § 7 Data Privacy Statement remains untouched.

Explicit reference is made to the Data Privacy Statement.

§ 8Publication of data and results

The applicant agrees that his name, his place of residence as well as all core data, all scores and breed values of the mentioned stallion are published by the FN, particularly on the Internet and in the “Yearbook Breeding and Sport of the FN”. Besides, the FN will forward all these data to the associated breeders’ associations.

§ 9Limitation of liability

The liability of the FN – regardless for what legal reason – shall be limited to intention or gross negligence for breaches of duty that are no main or essential contractual obligations (cardinal duty) for property damages or financial loss whatsoever and for the consequences that might occur to the applicant (owner, proprietor) or other users due to the activities of the FN, its legal representatives, vicarious agents or commissioners. If cardinal duties are affected, the liability of the FN, its legal representatives, vicarious agents or commissioners shall be limited to foreseeable damages that typically occur in cases of minor negligence. The liability of the FN, its vicarious agents or commissioners and legal representatives shall be excluded for material damages regarding indirect damage resulting out of minor negligence, particularly for consequential damages, unforeseeable damages or untypical damages and lost profit. The FN, its vicarious agents or commissioners shall only assume liability in case of intention, gross negligence, in cases of injuries to life, body or health, in cases of assuming a warranty for the provision of a service and in other cases of a compulsory liability according to legal provisions.

The scope of liability of all participating institutions amongst each other in executing the HLP, their vicarious agents or other commissioners and/or towards third parties, particularly towards the owner or proprietor, shall follow from the relevant agreements.

The afore mentioned paragraphs include all contractual and legal claims resulting out of this agreement resp. out of the use of the system “HLP Online”.

§ 10Written form, applicable law and place of jurisdiction

All declarations provided in the context of the usability of the service to the FN, are required in the written form (letter, fax or email). The postal address of the FN is: Deutsche Reiterliche Vereinigung e. V. (FN), Breeding department, Freiherr-von-Langen-Str. 13, D-48231 Warendorf, fax-no. ++49 (0) 2581/6362105. The email-address is hlp@fn-dokr.de. The user’s postal address and email-address are those he surrendered as current contact data to the FN.

All notifications forwarded by the FN that are required or allowed according to the stipulations of this contract or by law, shall be made by email or in writing. The user has to ensure that he can receive emails and that they are not blocked, for instance, by spam filter. The user is also requested to regularly check his registered email-address.

The legal governing law in the country of the organizer (Germany) shall apply for all contracts concluded between the applicant and the FN.

Provided the applicant is an entrepreneur, the legal relationship with the FN and all claims whatsoever resulting out of this relationship or out of the General Terms and Conditions are exclusively subject to the governing law of the Federal Republic of Germany, excluding the clauses on the standard UN Convention on Contracts on the sales of movable goods.

Provided the applicant is an end-user, the legal relationship with the FN and all claims whatsoever resulting out of this relationship or out of the General Terms and Conditions are subject to the governing law of the Federal Republic of Germany unless no mandatory legal regulations, particularly consumer protection regulations, are applicable.

With the release of the registration by the applicant and the acceptance of the registration by the FN, the applicant accepts the HLP-Rules.

For all disputes arising out of the legal relationship to the FN and out of the General Terms and Conditions, Warendorf shall be the exclusive place of jurisdiction provided the user is a trader in the sense of commercial law, a special fund under public law or a corporate body under public law.

Moreover, the FN shall be entitled to sue the applicant at a reliable place of jurisdiction of its choice.

§ 11Salvatorious clause

Should individual terms of these Terms and Conditions (AGB) and/or of the contract become invalid, all other stipulations shall not be affected. Rather, instead of each ineffective clause, a corresponding or at least approximatively similar replacement clause shall become effective on which the parties agreed for the purpose of reaching the same economical result they had agreed on if they would have known about the ineffectiveness of the clause. The same shall apply for incompleteness.